UNDP JUSTICE SYSTEM PROGRAMME (UNDP project no. 00014955)

2010 Annual Progress Report

Finalized Version February 2011

Timor-Leste

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TABLE OF CONTENTS

ACRONYMS

I. EXECUTIVE SUMMARY……………………………...……………………………... 4

II. REPORT ON ACTIVITIES

OUTCOME 1: Skills and competencies of justice sect or actors enhanced........ 6

OUTCOME 2: Formal justice system decentralized and strengthene d

capacities of all district courts to administer jus tice and protect vulnerable

groups…………………………………………… ……………………….…………….…... 13

OUTCOME 3: Prosecution Service strengthened to ensure effectiv e delivery

of criminal justice …………………………………………… ……………………….….. 17

OUTCOME 4: Capacity of corrections services strengthened to up hold public

safety and secur ity and meet international minimum standards for th e

treatment of prisoners………………………………...………………………… …….… 20

OUTCOME 5: Enhanced access to justice for all and improved pub lic

confidence In justice institutions…………………………………………… ..….……. 23

III. CHALLENGES AND ISSUES .…………………..……….……………….………… 31

IV. MANAGEMENT ARRANGEMENTS ……………………….…………..………… 32

V. MAIN ACTIVITIES PLANNED FOR 2011 ……………...……………………….. 33

IV. 2010 FINANCIAL REPORT ……………………………….………………………… 34

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ACRONYMS

A2J Access to Justice

ABC Brazilian Cooperation Agency

AJSU Administration of Justice Support Unit (of UNMIT)

CoA Court of Appeal

CoC Council of Coordination

DNDHC National Directorate of Citizenship and Human Rights (of MoJ)

DNSPRS National Directorate of Prison Service and Social Reinsertion (of MoJ)

FUP Foundation of Portuguese Universities

HRTJS Human Rights and Transitional Justice Section (of UNMIT)

ICNA Independent Comprehensive Needs Assessment

INL Institute of National Languages

IPAD Portuguese Agency for Cooperation

JF Justice Facility

JSP Justice System Programme

JSSP Justice Sector Strategic Plan

LTC Legal Training Center

MoJ Ministry of Justice

NP National Priority

OHCHR Office of the High Commissioner of Human Rights

OPG Office of the Prosecutor General

PDHJ Provedoria for Human Rights and Justice

PDO Public Defenders’ Office

RDTL Democratic Republic of Timor-Leste

SCJ Superior Council of the Judiciary

SCP Superior Council of the Prosecution

UNCT United Nations Country Team

UNDAF United Nations Development Assistance Framework

UNDP United Nations Development Programme

UNMIT United Nations Integrated Mission in Timor-Leste

UNPOL United Nations Police

UNTL National University of Timor-Leste

UPR Universal Periodic Review

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I. EXECUTIVE SUMMARY

The UNDP Justice System Programme (JSP) was launched in January 2009 with the objective of strengthening institutional capacity of the justice system of Timor-Leste to uphold the rule of law and improve access to justice through legal empowerment of the poor and disadvantaged. Following the Independent Comprehensive Needs Assessment (ICNA) carried out in 2009 and the approval of the government’s Justice Sector Strategic Plan (JSSP) in 2010, the 2010 Annual Work Plan for the JSP was developed to address the new priorities and needs of Timor-Leste’s justice system. This report provides an overview of the JSP activities and their impact in strengthening the formal and traditional justice sectors during 2010. The main achievements are:

• Support to the Ministry of Justice (MoJ) in National Priority 4-2010, as the Lead Assistant.

• Support to the MoJ in the development and official launching of the JSSP on 17 June 2010.

• Completion of the practical phase of the 3rd Legal Training Centre (LTC) training for Magistrates and Public Defenders and swearing in of four judges, five prosecutors and five public defenders as probationers.

• Organization of regional consultations in the framework of the Universal Periodic Review.

• Provision of legal opinions for the finalization of the Domestic Violence Law.

• Provision of legal opinions for the development of the Legal Aid Law.

• Revision of the Customary Law draft started.

• Legal awareness campaigns in the districts of Suai, Oé-cusse and Baucau, and support to the district legal workshops with the Public Defenders’ Office (PDO).

• Short-term LTC training for Court Clerks.

• Short-term LTC training for Public Defender clerks.

• Language course for notaries prior to the beginning of their LTC training programme.

• Development of a “Grant Programme” to support women, single parents, and candidates from the districts in undertaking LTC training programmes.

• Development of two software tools for academic and library management of the LTC.

• Signature of an agreement for institutional cooperation between the LTC, the University of Timor-Leste (UNTL), the Foundation of Portuguese Universities (FUP) and UNDP.

• Drafting of a project proposal for the development of the programme for mobile justice.

• Recruitment of three new Portuguese Judges.

• Recruitment of two Prison Reinsertion Advisors.

• Installation of the security lighting system in Becora Prison.

• Rehabilitation of the water system in Gleno Prison.

• Partial implementation of the Case Management System (CMS) for the justice institutions, both at the central and district levels. In 2010, the CMS was set up in the Office of the Prosecutor General (OPG); it was initialized for the PDO, Timor-Leste National Police (PNTL) and Prisons; and the project proposal was made for the Courts.

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• Training programmes for justice officials on CMS.

• Installation and deployment of fiber-optic interconnections between the justice buildings in Dili, Baucau and Oé-cusse.

• Recruitment of four new IT staff in the OPG.

• MoJ website re-designed.

• Webmail for PNTL installed.

• Development of a database of correlated Portuguese and Tétun expressions used in Timor-Leste legislation.

• Launching of a website for the Courts.

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II. REPORT ON ACTIVITIES Output 1.1: Legal Training Center is fully institu tionalized and functional Building Refurbishment In consultation with the Council of Coordination (CoC), the 2010 JSP Annual Work Plan was developed so as to tackle the capacity development needs identified in both the JSSP and ICNA. Both plans stress the need not only to provide all national justice actors with specific training programs tailored to meet their technical tasks and expectations, but also to enhance the advisory and technical support role of international experts. In 2010, the bulk of the JSP strategic interventions focused on the capacity development of national justice actors. The planned increase in the number and types of training programmes being conducted at the LTC required an expansion and refurbishment of the LTC facilities. The MoJ implemented this project and the contractor finalized their work in late 2009, however, there were a number of remaining problems that meant that the LTC staff and students could not occupy the new facility. Consequently, in February 2010, the JSP engaged an engineer to assess the refurbishment of the LTC and to recommend repairs for the outstanding issues. The assessment report was presented to the Minister of Justice in March 2010 and the refurbishment works were completed in June 2010 when the LTC team and students moved into the new facility. Having training activities return to the centre was key to achieving the goals of the training plan, because the lack of a suitable space during the refurbishment work impacted negatively on the ability of the LTC to deliver all the training programmes previously approved by the LTC Executive Board. The JSP support to the refurbishment process has contributed positively to the LTC becoming a center of excellence, where high quality and standardized trainings can be delivered. The new building comprises a library, an office for the Director, two rooms for the lecturers, an office for the secretariat department, two offices for the administration department, an auditorium, a computer room (with 15 computers provided by the JSP) and eight classrooms. As a result, there has been effective implementation of the capacity development plan approved by the LTC Executive Board.

OUTCOME 1: Skills and competencies of justice sector actors en hanced

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Cape Verde Prosecutor General, Júlio Martins visited the LTC library, during an official visit in September 2010. The Director of the LTC, Marcelina Tilman, is standing behind him. Despite the general improvement of the facility’s condition, there is still a need to support the LTC in the organization of the library, development of its own software and in strengthening the capacity of the finance department, as well as refurbishing some of the facilities. Enhance Support of LTC’s Human Resources To ensure implementation of the comprehensive capacity development strategy of the LTC, the JSP has continued to address the human resources needs of the center. In 2010, the JSP provided financial support for the services of six international advisors in the following positions: Training Coordinator, Judge Lecturer, Prosecutor Lecturer, Lawyer Lecturer, Translator Lecturer and Notary Specialist. These advisors have been assisting the LTC in developing and implementing training programmes that benefitted 13 judges, four probationary judges, 12 prosecutors, five probationary prosecutors, 11 public defenders, five probationary public defenders, 11 notary trainees, 14 legal translators, 14 lawyer trainees, and an average of 40 students with a legal background during the preparatory courses. Moreover, during the fourth quarter of the year, the JSP initiated the recruitment process of a Public Defender Lecturer and two Portuguese Language Lecturers, all of whom are expected to start their assignments in early 2011. IT Support The JSP IT Unit based in the MoJ provided technical support for the implementation of the LTC training activities. The fiber-optic cabling that connects the LTC to the MoJ network was installed, enabling internet and intranet access for staff to communicate effectively with the other justice institutions. With the aim of improving effectiveness of the IT infrastructure and access to information, the JSP IT Unit provided 15 new computers for the LTC IT Training and Information Room. This newly established room has the twofold objective of improving access to information and serving as a place for LTC students to conduct research, write and print documentation relevant to their trainings. In addition, the JSP IT Unit developed a database of previous and ongoing LTC-trained students in order to systematize student profiles, training activities and academic information.

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This software allows the LTC to manage and extract information as well as generate reports on LTC students whose information is currently contained in different electronic and non-electronic formats. The software is also expected to facilitate the management and organization of student and staff information, including lecturers and administration personnel, into a single database that can be accessed via a web interface. The system is operational and a training for users on how to effectively use this software will be conducted in early 2011. Output 1.2: Reference and pedagogical material is available through the creation of the

LTC library Equipping of the library Throughout the year, the JSP-funded lecturers developed study materials to enhance the trainees’ skills on Timor-Leste legislation and court decisions. These materials were disseminated among the training participants during classroom activities and to other former students. During the fourth quarter, these materials were organized and reviewed for publishing in a book format to be distributed to all LTC trainees. During the book fair organized by the Portuguese Cooperation, the JSP facilitated the purchase of more than 70 specialized legal books and dictionaries for the benefit of 14 lawyer trainees and 11 notary trainees. In addition, the LTC purchased 317 new books for the library, in order to support the students’ studies and to promote research. Legal review The JSP supported the design of a legal review, which will act as a reference for legal actors and students. This review will provide a comparative analysis of all legal codes and it is expected to be issued once per year at the beginning of the academic year (September). It will also become a legal reference in the future to be used in legal debate and progress among the justice actors in Timor-Leste. Library software The JSP-funded IT Advisors developed a software application to support the LTC library management. The library software enables the LTC to catalogue materials, manage book stocks, manage lending and return of items, and manage a clientele database. The system’s database catalogue needs to be populated by a librarian in order to be fully functional. In order to support this task, a specific training programme for the national library staff will be conducted in 2011, upon recruitment of a librarian advisor with the assistance of the JSP. Output 1.3: LTC scope of action is expanded to new areas to cover the needs of the

justice sector In 2010, with the technical and financial support of the JSP, the LTC has evolved into a professional training centre that caters to the capacity development needs of all actors in the justice system, not only judges, prosecutors and public defenders. To this effect, in January, the Executive and Pedagogic Boards of the LTC approved a comprehensive training programme to train judges, prosecutors, public defenders, private lawyers, notaries, clerks, and legal translators. During 2010, the JSP supported the LTC in delivering the following professional training programmes:

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A) The 3rd training for Magistrates and Public Defe nder: The students of the 3rd training programme for judges, prosecutors and public defenders passed from the practical training phase to the probationary phase. During April and May, five prosecutors, five public defenders and four judges were sworn in as probationers and started to work with their respective institutions. As part of their formal training programme, the trainees attended practical classes on criminal law and penal procedure law, civil law and civil procedure law. During the probationary phase they undertook relevant judicial activities and furthered their studies in Portuguese language, legal Tétun, penal and civil procedures. The probationary phase takes one year and then the probationers will be fully sworn in as official justice actors. B) Short-term training for Judicial Clerks: The JSP assisted the LTC in initiating a training programme to prepare court and public defender clerks for the national exams that took place on 25 September 2010. The training programme addressed the needs of each group and their respective justice institutions. Thirty four court clerks were trained in three separate groups for a period of two months in the following subjects:

• Penal law • Penal procedural law • Civil procedural law • Ethics • Portuguese and legal Tétun

The training for the public defender clerks was for three months. A total of 22 clerks completed the programme in two groups, focusing on these subjects:

• Civil Procedure Law • Ethics • Portuguese and legal Tétun

C) Training Programme for Notaries: With the assistance of the JSP-supported Notary Specialist, the LTC developed a training programme for notaries, which was divided into two phases: a preparatory language programme followed by technical training. Preparatory language course: The students undertook six months of training to develop

their Portuguese language skills to prepare them for formal notary training. This training also included familiarization with legal concepts in Portuguese.

Technical training: Eleven students commenced the one-year notary training

programme in November, which comprises these subjects:

General phase: • Constitutional law • Civil law • Commercial law • Administrative and administrative procedure law • Penal law • Portuguese language • Tétun language • Ethics

Specific phase: • Notary law • Registry law (land and property and commercial registry)

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• Portuguese language Upon successful completion of both phases, the Notaries will work as probationers for one year before being employed by the government as permanent civil servants. D) Private Lawyers: In June, the LTC launched the first training programme for private lawyers, which comprises 15 months of theory and practical classes for the 14 participants. The subjects of the training are:

• Civil law • Penal Law • Civil Procedure and Criminal Procedure Law • Ethics and deontology • Human rights • Portuguese and legal Tétun

The candidates who successfully complete the training will enter a nine month probation period before they can be sworn in officially as private lawyers. E) Translators’ training programme: The JSP-supported Translator Lecturer commenced the first training programme for 14 legal translators. Starting in November, the programme will take one year and is organized into three phases of six months each: (1) linguistics disciplines; (2) translation techniques; and (3) probationary period. During the training, the students will also strengthen their knowledge on legal subjects such as constitutional law, administrative law, civil law, penal law, commercial law and international law. F) Capacity development interventions F.1. Preparatory training programme With the aim of increasing women’s participation in the next training for private lawyers and to prepare candidates for the entry-exams, the JSP supported a three month preliminary training programme that focused not only on legal-related matters but also on Portuguese and legal Tétun languages. It is expected that the next training programme for private lawyers will benefit 38 participants. F.2. Strengthening of language skills In preparation of the launching of the LTC training programme for legal drafters and advisors planned for 2011, ten Parliament legal advisors and two legal advisors from the Provedoria for Human Rights and Justice (PDHJ) attended preparatory Portuguese language classes during the last quarter of 2010. The legal drafting training programme is currently being finalized before it can be approved by the LTC Executive and Pedagogic Boards in 2011. This training will be offered to legal advisors of the MoJ, the PDHJ, the Office of the President and the National Parliament. F.3. ICT Training Programme In September 2010, a training programme commenced for national IT staff to strengthen their skills in the administration of the CMS. With the technical support of the JSP, eight IT technicians from the OPG, six from the Courts, five from the MoJ (including Correction Services and the PDO), and 11 from the PNTL are being trained. F.4. Three-day Seminar for lawyers With the assistance of JSP-funded advisors, five probationary public defenders conducted an 18-hour seminar on civil procedure and penal procedure law for 20 private lawyers. This seminar boosted participants’ knowledge on legal matters and also provided an opportunity for the public defenders to train their national colleagues, to promote sustainability of LTC interventions.

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Output 1.4: LTC skills and competencies of existin g judicial actors is improved through further education In January 2010 the LTC Executive Board approved the continuing education programme for judges, prosecutors and public defenders, which was developed with the technical and financial assistance of the JSP. This professional development plan consists of:

• Workshop on ethics and deontology for judges. • Workshop on criminal appeals, aimed at improving the skills of prosecutors and public

defenders to draft criminal appeals. • Seminar and workshop in land and property laws, aimed at improving the skills of

judges, prosecutors and public defenders to address cases related to land and property issues.

In July, a 12-hour workshop on ethics and deontology for 17 judges and probationary judges was delivered with the assistance of JSP-supported lecturers. Also during July, an 18-hour workshop on criminal appeals was conducted with 22 public defenders and prosecutors in attendance. In December, an 18-hour workshop in Land and Property rights was conducted with 27 participants. In addition, the JSP IT Unit provided three training courses for ten lawyers, 14 translators and 32 prosecution clerks. The courses strengthened the capacity of the participants to access and manage information using MS Windows, MS Office, internet and e-mail. These trainings are of 30 hours duration and are expected to be completed in January 2011. Output 1.5: LTC has implemented a gender equality policy and increased the focus on

Human Rights mainstreaming During the first semester of the year, the JSP conducted an analysis of previous LTC capacity development training programmes, which revealed a decreased participation of women candidates. The analysis showed that compared with previous years, fewer women candidates applied to LTC training programmes and their drop off tendency is higher than their male colleagues. An underlying cause is that women, especially those who are single parents, struggle financially to provide for the needs of their families and are unable to undertake full time training courses. Another cause is that the LTC careers are not as attractive as other career opportunities with international NGOs or international organizations. In order to tackle these issues, the JSP supported the LTC in developing and implementing a gender equity policy, which was translated into the following activities:

• Campaigns through newspapers and television that target women and encourage their participation.

• Establishment of a “Grant Programme” to provide financial support to female students who are single parents or from the districts to reduce levels of disengagement from the LTC.

• Introduction of quotas for women in preparatory training programmes. • Holding meetings with women legal practitioners in order to identify challenges and

constraints to engaging in legal careers. • Development of a strategic plan for 2011 with the technical and financial assistance of

the UNDP Gender Office, which will involve: - Recruitment of a gender pedagogical assistant and liaison officer to the LTC. - Provision of five scholarships for women trainees, for a one year period. - An essay contest targeting female high school graduates to increase their interest

in applying to the Faculty of Law.

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Output 1.6: Strategic partnerships for training an d certifications established with universities and other legal training centers In March 2010, the LTC, UNTL, UNDP and the FUP signed an agreement for institutional cooperation to ensure that capacity development strategies for the justice sector are sustainable in the future. The agreement not only institutionalizes the sharing of information and best practices between professors and trainers of the respective institutions, but also facilitates the exchange of human resources to conduct legal training programmes, conferences and seminars. Under this agreement, UNTL has assisted the LTC to deliver Tétun classes to magistrate, public defender and notary trainees. In addition, LTC lecturers have delivered classes to UNTL law students in Penal Procedure and Civil Procedure Practice. Human Rights are mainstreamed in the curricula being taught both at the UNTL and the LTC, as part of the signed protocol. In order to address the language barriers identified in both the JSSP and ICNA, the JSP partnered with the UNMIT Translation Unit to develop a Tétun legal glossary. Under this project, a database of correlated Portuguese and Tétun expressions used in the Constitution, Penal Code and Civil Procedure Code was compiled in the software package, WordFast. The glossary standardizes the legal expressions to be used in translation. The database will be presented to the President of the Court of Appeal (CoA) for revision before being presented to the CoC for approval. This database will be the formal basis of the legal glossary. In 2011, the glossary itself will be presented to the President of the CoA and shared with the Dean of the UNTL Law Faculty and the Head of the National Institute of Languages (INL). Output 1.7: LTC national staff is fully capacitated and organized according to the needs

of the centre The JSP and the AusAID-funded Justice Facility have jointly assisted the LTC and MoJ in formulating the Human Resources framework and professional profiles of the national positions of the LTC. Terms of reference for the identified positions have been drafted and will be presented to the LTC Executive Board for approval in early 2011.

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Output 2.1: The technical needs of the district na tional actors are supported Rental support to improve living conditions of dist rict actors In order to ensure the full time presence of district justice actors and thus support the ongoing justice decentralization process, the JSP has extended house leases for justice officials deployed to Suai, Oé-cusse and Baucau. This support has been granted until the official residences are constructed and properly furnished by the justice institutions. Moreover, the JSP has been also providing security services to the district PDOs upon provision of security services by the Secretary of the State of Security, as per the Decree Law n.° 31/2008.

Oé-cusse District Court. IT support The JSP IT Unit provided technical and financial assistance to the MoJ for the installation of fiber-optic inter-connections between the justice buildings in Dili, Baucau and Oé-cusse. These inter-connections enable the integration of the CMS and provide internet and telephony communications. All the justice institutions in Baucau have been provided with internet and there is an intranet connection between the Court, OPG, PDO, Registry and Notary offices. In Oé-cusse the Courts, OPG and PDO are now inter-connected, while internet services have been provided to all the justice institutions to enable communications with the central offices.

OUTCOME 2: Formal justice system decentralized and capacities of all District Courts to administer justice and protect vulnerable groups

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With the technical and financial support of the JSP, the internet in Suai has been connected for the Courts and the OPG. Furthermore, in order to improve the ICT infrastructure, the JSP provided the Suai District Court with new computers, a scanner and a printer. Output 2.2: Presence of justice actors at distric t level is increased and supported by

international actors Deployment of national and international district j ustice actors Throughout the year, the JSP supported the decentralization of the formal justice sector through the deployment of international justice actors to the districts with the threefold aim of advising their national counterparts, performing line functions in the absence of national actors and ensuring functionality of the district justice institutions. In 2010, four Portuguese judges were recruited jointly between the JSP and the national institution (on a cost shared basis), through the tripartite agreement between UNDP and the Ministries of Justice of Portugal and Timor-Leste. These judges were deployed to each district court. Two clerks were provided through the Portuguese Cooperation Agency (IPAD) with the financial and logistic support of the JSP. The presence of national and international actors in the judicial districts were: Baucau:

- two national prosecutors supported by administrative staff. - two national public defenders - three national judges supported by one international judge (tripartite) - six national court clerks supported by one international clerk (UNDP-Courts) - six national prosecution clerks - three national public defender clerks

Suai:

- one national prosecutor - one national public defender - one national judge supported by one international judge (tripartite) - one national court clerk supported by one international clerk (IPAD – first half of year) - three national prosecution clerks - three national public defender clerks

Oé-cusse:

- one national prosecutor - one national judge supported by one international judge (tripartite) - one national public defender - two national court clerks supported by one international court clerk (IPAD) - three national prosecution clerks - two national public defender clerks

These compositions rotated or changed in order to ensure full services and permanence in the districts, especially considering the absence of the seven national judges currently studying in Portugal, or the need for national court actors to attend training at the LTC in Dili. IT support to district justice actors In order to assist the district courts in the effective use of the CMS, the JSP provided an IT Officer to provide advising and specific on-the-job training to national IT staff deployed in the courts.

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Output 2.3: Improved and harmonized logistical an d administrative support to the justice institutions at district and central levels

Regular logistic and administrative support to just ice institutions In order to assess the needs and challenges of the justice institutions at both the district and central levels, the JSP deployed an Access to Justice (A2J) team to each of the three judicial districts, namely Suai, Oé-cusse and Baucau. Each team is made up of an international officer who is supported by two national officers to be fully absorbed by the MoJ in the coming years. These three teams are coordinated at the central level by the UNDP A2J Specialist, who is based at the MoJ. The A2J teams have provided regular transport support to the district institutions for the delivery of notifications and the organization of relevant meetings and workshops on A2J, including the socialization of the JSSP. Furthermore, these teams provided the district national justice officers with specific trainings in order to enhance their skills and knowledge on legal related matters. A comprehensive account of the support provided by the district teams is provided under Outcome 5. IT support The JSP IT Unit provided technical assistance to the IT Manager of the MoJ in the design of the security structure for the Demographic Management Information System (DMIS), which will enable management of demographic data at the central and district level. The IT Unit also provided technical support to the MoJ for the Civil Registry connectivity in Oé-cusse, Maliana and Suai. Support to the establishment of the Audit Court The JSP complemented the support provided by the Government of Portugal and the Audit Court of Portugal for the institutionalization and functioning of Timor-Leste’s Audit Court, as foreseen in the Constitution. A JSP-supported legal advisor provided assistance for the drafting of the law that defines the organic structure and competences of the Audit Court. The draft was presented and discussed at the Council of Ministers’ meeting in late 2010. The Council of Ministers requested the MoJ to organize a workshop to socialize the competences and role of the Court early in 2011. It is expected that in 2011, the JSP will also support the LTC in the organization of specific training programmes for future auditors and staff of the Audit Court. Output 2.4: Quality of service delivery at centra l and district level ensured through monitoring and evaluation To provide quality assurance of services provided by the judiciary, the JSP supported the position of Judge Inspector, as requested by the Superior Council of the Judiciary. The first cycle of inspections in the Courts was completed in December 2010. Eleven Judges were evaluated and received their final marks. They also had a session for complaints and questions. Pending the institutionalization of the Superior Council of the PDO (SCPDO), the PDO has not been able to effectively monitor and evaluate the service delivered at central and district level. To address this challenge, the JSP-funded Public Defender Advisor assisted the Public Defender General (PDG) to develop relevant internal rules (portarias) and specific format reports to be used for reporting on activities undertaken in the PDO, Courts, Prisons and Detention Centers. The Public Defender Advisor also provided technical guidance for the development of the organic law of the SCPDO.

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The SCPDO will be comprised of the PDG, Minister of Justice, one Public Defender elected by his peers, two representatives nominated by the President of the Republic, and two representatives of the National Parliament. The JSP-supported international Public Defender Advisor has assisted the PDG in engaging with the Parliament and its President for an imminent appointment of the above representatives. It is expected that the election of the two representatives of the National Parliament will take place following the approval of the state budget at the beginning of 2011. A Public Defender Inspector will be recruited after the creation of the SCPDO. Inspection activities will commence following the institutionalization of the SCPDO and the recruitment of the Inspector.

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Output 3.1: Support to the implementation of the Pr osecution strategy provided In 2010, the JSP provided technical and financial support to the OPG to implement its strategy. More specifically, the JSP provided financial support for seven international prosecutors and six international prosecution clerks who have been carrying out in-line functions as well as providing training and mentoring to their national counterparts. Portugal and Brazil have been providing in-kind contributions, through the deployment of Portuguese and Brazilian Prosecutors and clerks (in 2010, two Portuguese Prosecutors, and two Brazilian Prosecutors). With the aim of establishing independent IT units in each institution, the JSP and the AusAID Justice Facility assisted the OPG in the recruitment process of four IT staff who are responsible for managing and supporting the implementation of the OPG’s CMS. Output 3.2: Measures to reduce prosecution backlog implemented In January 2010, the CoC agreed on the adoption of an integrated CMS. In support of this system, the JSP provided the OPG with the required IT infrastructure and systems such as network, hardware platform and communications systems. The JSP also strengthened the capacity of national justice actors in the use of the CMS through the delivery of specific training programmes. The JSP assistance complemented the AusAID Justice Facility’s work to develop the CMS workflow map and the standardization, automation and implementation of CMS processes. A delegation comprised of JSP and Justice Facility representatives undertook a technical assessment visit to Portugal and the USA to assist in the development of the CMS. During the mission in Portugal, the delegation from Timor-Leste was exposed to the different types of systems used in Portugal’s Criminal Justice System. As a result, the delegation was able to:

• Gather information regarding challenges, difficulties, best practices and general experiences on the implementation of IT systems.

• Assess options for system integration. • Inspect the IT infrastructure. • Assess the human resources required to support the system in each institution.

During the visit to the USA, the delegation visited the company contracted by the Justice Facility (xFact) to develop the CMS in Timor-Leste. This visit proved being useful in order to:

• Evaluate the technical people required for the project and the responsibilities of each team, as well the implementation strategy for each institution.

• Define training plans that will be provided by both UNDP and the development company.

• Observe and understand the technical requirements and the level of dependency on network and infrastructure.

A technical report with all the findings of this technical visit was presented to the national IT Managers of the MoJ and OPG. As part of the Case Management Joint Team, (AusAID Justice Facility supported staff and UNDP supported staff), the JSP IT Unit attended several meetings in order to design the CMS Sector Project Plan and implementation agenda. These meetings have involved the Courts, the PDO, the Corrections Service and PNTL. At the end of the cycle of meetings, a workshop was held with heads of institutions where the main findings and a draft of the Sector Project Plan were presented.

OUTCOME 3: Prosecution Service strengthene d to ensure effective delivery of criminal justice

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Furthermore, with the technical support of the JSP IT Unit, the datacenters of the OPG in Dili, Baucau, Suai and Oé-cusse were fully established, with all the servers installed and ready to be used. The final version of the CMS for the OPG was installed and deployed on those servers during the last quarter of 2010. The JSP is also responsible for providing a power system to the datacenters and sets of Uninterruptible Power Sources will be installed in each datacenter in early 2011.

Lidia Soares, head of the secretariat of the OPG, says the new CMS Is a big improvement on the previous system used in the OPG. Output 3.3: Support provided for finalization of pe nding investigations on Commission

of Inquiry (CoI) cases Through the financial assistance provided by the Office of the High Commissioner for Human Rights (OHCHR) Technical Cooperation Programme, the JSP ensured financial support during the entire year for the services of an international prosecutor entrusted with the finalization of all investigations of the Commission of Inquiry (CoI) cases. It is expected that these investigations will be finalized during 2011. Output 3.4: Quality of Prosecution service ensured through monitoring and evaluation During the year under consideration, the JSP agreed with the Prosecutor General of the Republic on the format of the joint evaluation forms for JSP-funded international prosecutors and prosecution clerks. These forms aim at jointly evaluating the JSP-financed advisers in all the Justice institutions. From 2011, the advisers will be required to provide reports and descriptions of their tasks and achievements on a quarterly basis. The reports will include qualitative and quantitative information, and will act as a mechanism to track the performance of the advisors when performing in-line functions and when providing advisory services for their national counterparts. The information provided in the reports do not

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include sensitive information and the exercise does not interfere with the normal functioning of the justice institutions. Output 3.5: Strengthened working relationship between Prosecution and Police, especially at the district-level IT Support With the technical support of the JSP IT Unit, the datacenter of the PNTL in Dili was fully established, including the infrastructure that will be used by the Police CMS. In addition, new servers to improve the quality of IT services of PNTL were installed.

In partnership with the United National Police (UNPOL), the Timor-Leste Police Development Programme and the Justice Facility, the JSP IT Unit has also supported the establishment of the IT network for all PNTL commands in the districts in order to provide access to the Police CMS and also to integrate this system with the CMS of the OPG. Training As part of the support to the capacity development of the PNTL IT, the JSP IT Unit delivered a training programme for eleven IT staff of PNTL, which has strengthened their skills in managing the IT Network and CMS. Additionally, the JSP IT Unit supported the implementation of a new e-mail system for PNTL. This system is already in use by the whole PNTL and was presented in a ceremony to the PNTL General Commander as well the UNMIT Police Commissioner. Case Management System The Incident and Investigation Management Systems were completed and are planned to be deployed by the development company by March 2011. The JSP IT Unit was responsible for the definition of the standards, procedures and connectivity strategies to support those systems to run and communicate smoothly with PNTL HQ.

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Prisoners arrive at Dili District Court for a trial in 2009. Output 4.1: Strategic plan for Corrections implemen ted and Prison Services capacities improved In 2010, the JSP provided technical assistance to the Natoinal Directorate of Prison Service and Social Reinsertion (DNSPRS) in the areas of security, training, legal development and reinsertion policies, to enhance a strategic plan of interventions, mainstreamed into the JSSP, in order to strengthen capacities within the Prison Service. JSP supported the DNSPRS in completing a “Prison Service Establishment Mapping”, which assessed the current structures, needs and challenges of the prisons in Timor-Leste. More specifically, 12 prisons (some operational but the majority not in use) were assessed, and the existing physical prison infrastructures were analyzed along with their future practicality to hold prisoners securely. The plan was presented to the Director of DNSPRS and the Minister of Justice. With the support of JSP advisers, and the Administration of Justice Support Unit of UNMIT, legal advice was provided in the development of the Statute of the Prison Guards. The document is currently under revision. Moreover, the JSP Correctional Services advisers supported the development with the national staff in the DNSPRS of a proposal for a Decree Law on the “Rules of Order and Security in Prisons”. The Decree Law will be revised as part of the legal development initiatives related to Prisons and in conjunction with the Statute of the Prison Guards.

OUTCOME 4: Capacity of Corrections Services strengthened to up hold public safety and security and meet international m inimum standards for the treatment of prisoners

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A security awareness training course was conducted for 95 prison officers and emergency response training was provided for 14 prison guards. The training was delivered by members of the Prison Service training team and a JSP-supported Training Advisor. The techniques taught to staff enabled them to deal with prisoners in a controlled setting to minimize the possibility of injury to either staff or prisoner. Quick Impact Projects In order to ensure effective implementation of the strategic plan for corrections, the JSP provided technical and financial assistance for the delivery of “Quick Impact Projects”. These initiatives included the fulfillment of prison needs such as a freezer for the kitchen, team sporting uniforms and brass bells to be used for drills and as alarms in the prisons. Case Management System In order to improve the IT infrastructure and access to information, the JSP IT Unit provided four new computers to the DNSPRS Administration Office in Dili. The JSP Prison Security Advisor worked with the Justice Facility for the development of a case management system for the prison service. The draft of the Prisons case management system was finalized and is expected to be deployed with JSP support by March 2011. Output 4.2: Improved security infrastructure in all prisons Operational physical security structural initiatives have gradually improved during the last two years with projects commissioned by both the MoJ and the JSP. The JSP installed a security lighting system in Becora Prison to ensure that international prison security standards are met and that escapes from the Prison are prevented and deterred. The national authorities, with the support of the JSP, identified future security infrastructure needs, such as the possibility of refurbishing old prison establishments as part of the government’s plan to decentralize its prisons services. These proposed initiatives have been incorporated into the Prisons Strategic Plan from 2011. The JSP was requested by DNSPRS to support the establishment of detention centers in the districts. The JSP supported the conduct of assessments in Suai and Oé-cusse, with plans for detention centre constructions expected to be in the 2011 government workplan. Output 4.3: Social reintegration initiatives for in mates implemented in all prisons In collaboration with the Portuguese Agency for Cooperation, IPAD, the JSP recruited two Social Reinsertion Advisors to work with the Prison Service in the development social reinsertion initiatives, both at policy making and implementation levels:

• Preparing Prisoners for release. Tackling issues such as alcohol and drug abuse, anger management and sexual motivated crimes.

• Pre-release courses. Addressed to those inmates expecting final release, these courses will focus on employment, health, drugs, alcohol and family related issues.

• Advice on Prison Resettlement Units. Advice on resettlement programs where selected prisoners can work in the community on a day basis and return to the Prison at night.

• Community Working. These local environmental initiatives are expected to develop individual social responsibilities.

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• Specific Prison related work. The delivery of courses will be designed to specifically tackle inmates’ anti-social behaviors and reduce the risk of re-offending following their release.

• Development of mental health support programs. Advising the Senior Management in the inclusion of this type of initiative in order to ease reinsertion back in the community, and avoid dysfunctional, digressive or violent behavior in the inmate community, including depression and self-harm tendencies.

• Implementation of the family visits program. The design, implementation and evaluation of the first family visit program is aimed at decreasing the emotional and social isolation that prisoners, through increasing the possibilities of contact with their family members. The issue of remoteness and lack of reliable public transportation from other parts of the country to the two prisons pose a restriction for most families to visit incarcerated relatives.

Output 4.4: Inmates with access to health, sanit ation, recreation and legal advice Legal services In order to ensure legal advice for inmates, the JSP facilitated regular visits of public defenders to inmates on a weekly basis. The Public Defender Advisor also assisted in the development of a specific format report to gather information on the services provided by public defenders. It has been reported that as a result of these regular visits, there has been better protection of the human rights of the inmates. Gleno Water Rehabilitation project The water project in Gleno Prison was delayed due to problems with the original contractor and non-compliance with the technical plans and instructions. Subsequently, a new contractor substantially completed the works at the end of December. Water is now provided to the prison cells through the new pipes, however, the water system from the bore that requires the functioning of the pumps is not yet connected due to electrical problems that are the responsibility of the Ministry of Infrastructure. The JSP expects these problems to be resolved in 2011 in order for the water rehabilitation to be completed, tested and handed over to the government. Access to recreation services With the financial support of the JSP, all female prisoners in Gleno Prison were provided with access to computers and they also received specific IT training. It is expected that these programmes will enable inmates to further their professional skills for future job opportunities. A family visits programme was designed with JSP technical support. The programme will be implemented in 2011 and will be part of the reinsertion policies development. In addition, the visitation centre in Becora started to be refurbished with the assistance of the JSP and will be completed in the first quarter of 2011. Output 4.5: Quality of Correction Service ensured through monitoring and evaluation

The JSP Corrections Advisor developed specific monitoring and evaluation forms as a basis for the Evaluation of Performance of prison staff. The forms are currently in use as part of the evaluation system.

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Output 5.1: PDO strengthened as a public mechanism to provide justice for all Strengthening of the PDO The JSP-supported Public Defender Advisor provided assistance to the PDG to develop a strategy to strengthen effectiveness of the PDO. This strategy aims to promote the autonomy and independence of the PDO, through the establishment of its SCPDO. The SCPDO will monitor and evaluate the legal services provided by the PDO; endorse legal opinions and documents; develop and approve the annual action plan, the annual budget proposal, the human resources plan and the staff profile proposal. The Public Defender Advisor also provided technical and legal guidance to the PDO to input into the finalization of the JSSP with relation to the following thematic areas:

• Legal framework • Institutional development • Training and human resources development • Physical and technological infrastructure • Decentralization of legal aid services to improve access to justice

In order to support the implementation of the JSSP, the Advisor assisted the PDG in the development of the PDO Annual Action Plan of 2011, which is the base for the 2011 State Budget. The plan involves:

• Increasing free legal aid services (judicially and extrajudicially) • The decentralization of PDO services • Scale up and improvement of the PDO human resources and infrastructure • Monitoring and evaluation of the PDO services • Administrative and institutional strengthening of the PDO

The plan and budget proposal of 2011 was approved by the PDG and submitted to the MoJ for endorsement. UNDP-JSP concluded the recruitment of three Public Defenders as part of the agreement with Brazil for the support to the Justice Sector. Further discussions are being held with the ABC, the Brazilian Cooperation Agency, to determine future possibilities of continuing this partnership for supporting the justice institutions, such as PDO clerks, and a Public Defender Lecturer for the LTC. Technical assistance was provided by the Advisor for the development of ten Portarias (PDO internal rules) aimed at regulating activities performed by public defenders and clerks and the services delivered by the PDO. These portarias focus on:

1. The reframing of the staff according to the Decree Law 27/2009. 2. The nomination and the probation period of Public Defenders. 3. The reorganization of the PDO staff in order to allow the participation of all 23 justice

clerks (Oficiais de Justiça) in the preparatory course for national examinations for justice clerks (foreseen in the Decree Law 27/2009) promoted by the LTC from March to August 2010.

4. The rules for the election of the Public Defenders' representatives on the SCPDO.

OUTCOME 5: Enhanced access to justi ce for all, and improved public confidence in justice institutions

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These portarias have proved to have a high impact in terms of regulating the activities to be performed by the PDO. PDO Case Management System The JSP-supported Advisor participated in working-group discussions on the development of the CMS for the PDO. The working group met on a weekly basis and developed the workflow mapping on criminal and civil cases. It is expected that this CMS will be fully functional by June 2011 and will be linked to the CMS in the Courts, the OPG, Prisons and PNTL when the system of each institution comes on-line during 2011. Support to the realization of targets of the Nation al Priority 4 During 2010, the Advisor actively participated in the legal aid sub-working group of National Priority 4 on A2J. This forum also served as an opportunity for relevant stakeholders to provide legal opinions on the development of relevant laws such as:

1. The Legal Aid Law. 2. The Law against Domestic Violence. 3. The Law of Land and Property. 4. The Statute of the Judicial Clerks (oficiais de justiça) of the Courts, OPG and OPD. 5. The Organic Law for the Chamber of Audit (Audit Section of the High Administrative,

Tax and Audit Court). 6. The Organic Law on the Criminal Investigation Police of Timor-Leste. 7. The Law on the order of state precedence, including the PDG and the Public

Defenders. Capacity building and partnership initiatives In order to further the capacities of public defenders, the JSP facilitated a study tour (Comparative Study Mission) to the Superior School of the Federal PDO in Brazil for three Timorese public defenders. The two-month tour started in August, and exposed the national public defenders to the work undertaken by their Brazilian colleagues. Furthermore, the three public defenders built on their knowledge of human rights instruments relevant to the Timorese legal framework for the provision of legal aid services. The three public defenders also strengthened their knowledge of written and oral Portuguese. The JSP is also assisting the PDO in the preparation of an exchange programme with the Brazilian PDO, which will allow five Timorese public defenders to spend five months in Brazil and two Brazilian public defenders to take a one-year assignment in Timor-Leste. This exchange programme is included in the 2011 PDO budget proposal. Output 5.2: Justice mechanisms provided where no decentralized services exist Mobile Justice initiative With the aim of ensuring effective and efficient legal aid service where no district justice institutions are present, the JSP, with the support of the Spanish Cooperation (AECID) partnered with the AusAID Justice Facility for the development of a Mobile Justice project. The proposal was developed through a consultative process with all justice institutions. During the fourth quarter the proposal was discussed informally with representatives of the CoC and a formal presentation will be made for approval in 2011. The mobile justice initiative will entail deployment of the justice system to identified remote areas. Each project of mobile justice will be responsible for: a broadcasting campaign; initial

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visit to the chosen communities; public defenders’ visits to the chosen community; prosecutor and PNTL visits to the community; hearing; and socialization of the sentence. Each of the initiatives will be monitored and evaluated to assess the impact and effectiveness in the provision of legal services to citizens.

A court clerk prepares witnesses, the defendant and the victim prior to a mobile court hearing by the Suai District Court held in Same. (Photo: A2J Suai team) In order to assess the feasibility and the possible attached costs of the mobile justice programme, during the fourth quarter, the JSP provided technical and logistic support for the planning and execution of a trial conducted by a mobile court in Maliana. Although the initiative in Maliana was only a part of the implementation of the Mobile Justice project, the mobile court enabled access to justice for the crime victims involved and an increase in public awareness on state justice. Considering that this was a pilot project, and that it was able to provide information on the deployment and implementation concerns of such a project, the JSP carefully monitored court proceedings and documented the community’s perception of these proceedings. In addition, the JSP monitored and recorded other cases that involved elements of traditional justice. Output 5.3: Awareness of the role and functioning o f the formal justice sector increased A2J workshops In 2010, the JSP supported different justice institutions in organizing relevant A2J workshops. These workshops had the twofold objective of raising awareness on the role and mandate of the formal justice institutions and strengthening citizens’ understanding on the connection between the formal and the traditional justice systems. In July, the JSP provided technical support to the PDO in the organization of an A2J workshop in Baucau. Outreach materials were produced by the JSP and they were disseminated to community members, local authorities and civil society organizations during the event.

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In preparation for a second A2J workshop in Ainaro in October, the JSP provided the PDO with 3000 Tétun brochures that explained the role of the PDO and the mechanisms for the delivery of free legal aid services. A third workshop scheduled for Oé-cusse later in the year was postponed because of logistic and operational problems and it will be conducted in early 2011. IT developments With the aim of increasing transparency and access to information of the functioning, role and mandate of the courts, the JSP IT Unit supported the Courts in the development and launching of their website (www.tribunais.tl) . This website provides citizens with online access to sentences (Acórdãos) of the country’s highest court, the CoA. The site also includes information on current legislation (Legislação Em Vigor) and Portuguese and Indonesian legal codes previously in force in Timor-Leste. With the assistance of the JSP IT Unit, the MoJ website (www.mj.gov.tl) was re-designed, and approved by the Minister. The aim was to include new information, update news and improve usability and presentation, since the website is referenced in the new Timor-Leste government website (www.timor-leste.gov.tl). Furthermore, the webpage re-design includes access to official documents for the public, observing the right to public information. The webpage also contains additional links for citizens’ access to documents for use in the areas of registration and land and property, making easier access for people to access justice sector related information. Support to the MoJ Directorate of Citizenship and H uman Rights The JSP A2J teams provided technical and financial assistance to the MoJ National Directorate of Human Rights and Citizenship (DNDHC) for the organization of relevant outreach interventions. These teams also facilitated synergies between the DNDHC, the PDO and the recently established Anti-Corruption Commission to maximize the impact of outreach and awareness activities. Moreover, the teams supported DNDHC and the PDO in producing, printing and disseminating outreach materials on the role, mandate and functioning of the judicial institutions. The materials were also translated into local languages. Public information support The JSP Public Information Officer (PIO) supported the organization of the UN Day on 24 October. During the event, the JSP distributed information brochures and official documents, such as registration forms, to raise awareness on the role and mandate of the different justice institutions. The JSP website was also redesigned to highlight the latest developments of the justice sector and the technical and financial contributions of the JSP. Similarly, the JSP newsletter was redesigned and now includes a back-page Tétun language feature aimed at informing readers about justice sector institutions and professionals. The newsletter is widely distributed to donors, partners, the justice institutions and the general public. Output 5.4: Synergies between formal justice insti tutions and traditional/customary local institutions strengthened Mobile Justice As already discussed in Output 5.2, the Mobile Justice proposal contributes among others, to strengthen synergies between formal justice institutions and traditional/customary local institutions. It is expected that each mobile court will include representatives from key justice institutions; and that the PNTL will closely engage with local and community authorities such as

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village chiefs (Chefe de Suco), hamlet chiefs (Chefe de Aldeia) and traditional leaders (Lia Nain) to improve their knowledge of the formal justice sector and facilitate trust-building with traditional authorities. Local justice institutions are expected to assist in designating a place for public interviews (such as schools and District Administration headquarters) and, when necessary, arranging accommodation for participants. The local justice institutions will also publicize the service in the community through local media and relevant outreach materials produced by them. Moreover, following a hearing, it is expected that justice actors will engage with citizens and local authorities to socialize the final sentence, its impact on the community, and provide support needed by local authorities to address the root causes behind each specific case. Customary Law As Lead Assistant to the MoJ for the achievement of the National Priority 4 targets, the JSP provided technical guidance to the customary law sub-group and helped pave the way forward in the customary law drafting process.

A preliminary draft of the Law on Traditional Justice has now been completed with JSP technical assistance and is undergoing extensive review prior to translation. The law seeks to formally recognize and value Timorese customary law and culture as foreseen in the Constitution, without reducing the paramount role of the formal justice system or sacrificing human rights. The draft law aims at encouraging the parties to bring their decisions and/or agreements reached using traditional justice methods, for formal recognition by the state through various legal incentives including judicial enforceability, the prohibition on any parallel civil cases, fulfillment of any civil liability possible under the Penal Code, and the archiving of semi-public criminal cases under certain circumstances. For public crimes, the law foresees the mitigation of punishment and a preference toward restorative judicial elements, namely punishments that do not include prison. However, not all agreements will be recognized. Those which violate the Constitution, the national legal framework – notably the Penal Code and the Law Against Domestic Violence – or any international human rights treaties to which Timor-Leste is a party, will not be recognized. Recognized agreements may still be challenged on certain grounds through judicial review.

Proposal for a Research-Action Project Re: Women, D omestic Violence and Customary Law Following the ratification of the Law Against Domestic Violence in 2010, the JSP formulated a research proposal to assess the possibilities for full implementation of the law. The action-research aims to determine the reasons why most of the cases do not reach the formal justice system. Unless all cases can reach the formal justice system, the Domestic Violence Law cannot be implemented fully and women will not have the possibility of fulfilling their right to a legal remedy, other than through traditional mechanisms. The results of the assessment will aid the creation of policies to support the implementation of the Domestic Violence Law. The second part of the proposal included a pilot economic empowerment scheme for women who seek to escape an abusive relationship, so that it could be determined if such assistance assists in breaking the cycle of dependence and domestic violence. The project was piloted in December 2010 and interviews were conducted with Chefes de Suco in the sub-districts of Liquiça to determine the perceptions held regarding the different elements of justice. The interviews discussed issues such as traditional processes in cases of domestic violence and other crimes, interaction with the formal system and the possible codification of the traditional justice system. Initial results indicated diverse local customary practices. Further

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interviews will be conducted in 2011, and the results will be used to assist with the socialization of the Customary Law in 2011 and to support the implementation of the Domestic Violence Law. Output 5.5: Legal literacy and awareness for right s holders and duty bearers enhanced As already highlighted under Output 5.3, the PDO, with JSP support, organized two workshops in districts (Baucau and Ainaro) in 2010 in order to increase the awareness on the role and mandate of the judicial institutions and inform the communities about their rights and legal mechanisms to solve conflicts. Support to the Universal Periodic Review The JSP A2J teams, in close collaboration with the Human Rights and Transitional Justice Section (HRTJS) of UNMIT/OHCHR, supported the MoJ DNDHC in preparation of the first United Nations Universal Periodic Review (UPR) for Timor-Leste. The UPR is a process through which governments are held accountable to the international community for their human rights situation. Draft guidelines and a questionnaire were designed by HRTJS and the A2J team provided feedback on these tools. The A2J team collaborated closely with DNDHC in designing and organizing national and regional consultation sessions (a national session and eight sessions in the districts). The A2J team was an active participant in the majority of UPR sessions with team members assisting with the facilitation of the consultations, thereby fostering and organizing discussion.

The team conducted monitoring of four of the seven regional UPR consultations held in Lautem (Lospalos), Viqueque, Baucau, Bobonaro (Maliana), Cova Lima (Suai) and Manufahi (Same). Each session was carefully reviewed and the results shared with the DNDHC and UNMIT’s UPR team to assist in establishing best practices that may be applied to similar activities in the future. Timor-Leste remains on track to present its first UPR report as requested during the 12th Periodic Review Session in October 2011. The A2J team has committed to assist the MoJ in drafting the UPR report to be submitted to the Council of Ministers for approval, and the final report which will be submitted to Geneva in 2011.

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Discussing justice administration, JSP A2J staff with participants during a regional consultation session in Maliana held in November 2010. Output 5.6: Measurements and strategies for public confidence in justice institutions,

and monitoring and evaluation of legal aid and lega l awareness developed As previously highlighted in this report, the JSP-supported Public Defender Advisor provided technical guidance for the drafting of the Legal Aid Law, which regulates the provision of legal aid services to increase public confidence in the institutions; as well as contributing to the establishment of a CMS, which will assist the PDO in tracking information, data, and statistics. Output 5.7: Ensuring all training capacities of Jus tice Actors related to the

Implementation of the CMS Programme Training The JSP IT Unit developed a specific training programme to strengthen ICT capacities of justice actors. The program, approved by the MoJ, has the duration of two years and focuses on the following areas: a) Capacity development of IT technical staff. It is anticipated that at least 20 new positions for

national IT analysts are going to be created within the government. Those IT personnel will be deployed at the OPG, Courts, PDO, Prisons and PNTL. The JSP will train and develop the capacity of 30 nationals to enable them to design, maintain and support their IT systems and services.

b) ICT capacity development of justice actors. With the development of the new CMS and the deployment of new IT services, the justice actors (prosecutors, public defenders, judges, clerks, and administrative staff) must be literate in using IT services. The JSP will support the already trained and skilled IT staff of the MoJ, by creating a ‘Train the Trainer’ program

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to enable them to provide IT training in Tétun language for the new IT staff as well as for the justice actors.

The main objectives of the training programme are:

• Provide training and capacity development for new IT staff. • Support the hiring process in each justice institution, aiming to establish an independent

IT Unit in each of them. • Offer highly effective IT services and user support to the justice institutions in the

districts. • Support the infrastructure, systems and development of the new CMS. • Assist in the enforcement of policies and strategies for development and retaining IT

skilled staff within the justice sector. • Promote and facilitate the cost-effective use of IT in the justice sector to support

strategic and operational needs. As part of the capacity development of the IT staff, the JSP selected five new IT trainees to join the IT team at the MoJ. These trainees have commenced their six month training programme and upon completion will be deployed to the justice institutions. Finally, the JSP IT Unit has trained MoJ and OPG IT staff in the use of Linux and Free Software systems, on which the IT design and infrastructure of the CMS is based. It is expected that the trained IT staff will go on to develop capacities of their counterparts in their respective institutions to manage these systems. During the third quarter a seminar on Open Source technologies was organized and more than 40 IT national staff from different departments of government and the private sector attended.

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III. CHALLENGES AND ISSUES

In 2010, the main challenge in the implementation of the JSP was to effectively respond to the needs and priorities identified in the JSSP. To this effect, the 2010 AWP was adjusted to support the implementation of this national strategy and assist the justice institutions in the achievement of the National Priority 4 targets. Challenges were encountered in the finalization of the training programme for notaries and private lawyers. The content and methodologies of these trainings were developed to reflect the recommendations of the CoC and the LTC Pedagogic and Executive Boards.

Human resource constraints within justice institutions have hindered an effective decentralization process of the formal justice system. In this regard, the JSP has assisted in the recruitment of international justice actors to provide in-line functions and on-the-job training to their national counterparts. Reliance on international justice actors needs to be reduced through effective advising and mentoring of national actors. The process of recruitment is now standardized into as long-listing, short-listing and interview. All of the proceedings are recorded and the interview panels are composed of representatives of the in-kind donors, such as Brazil or Portugal, and representatives of the national justice institution where the candidates are to be deployed. UNDP is present as a participant or as an observer in all the proceedings. The final decisions are recorded, agreed and signed by all panel members. One of the main challenges in the implementation of the JSP activities in support of the strengthening of the PDO is the delay in the institutionalization of the SCPDO. Additional challenges have been related to the strengthening of synergies between formal and customary justice systems. The draft customary law is expected to be finalized and submitted to the Council of Ministers during the first quarter of 2011. Finally, significant progress has been made toward strengthening the formal justice system and providing guaranteed access to justice for all citizen of Timor-Leste. Despite that, the number of legal actors in Timor-Leste’s southern districts is inadequate. Many citizens are still not able to access justice facilities and services because of lack of transportation, geographical remoteness of the courts, lack of knowledge about the judiciary, the policing culture of local communities and language barriers.

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IV. MANAGEMENT ARRANGEMENTS

As per the project document, the JSP is implemented by the UNDP Country Office under the Direct Implementation Management (DIM) modality. Through such a modality, the JSP aims to build national capacities for a gradual management handover to the CoC to promote national ownership of the Programme. The Steering Committee of the JSP is composed of all the member of the CoC plus UNDP, and is responsible for the main management decisions for the JSP and for providing guidance to the JSP Senior Justice Advisor, who is also the Programme Manager. Throughout the year, the CoC met regularly for different issues relating to the implementation of programmes and projects in the Justice Sector and the JSP Senior Justice Adviser was present in those meetings. There were three JSP Steering Committee meetings held during 2010, at which joint decisions were taken concerning the implementation of the JSP. The meetings also served as a forum to discuss the following JSP management issues:

• Development of LTC training programmes tailored to the need of justice actors.

• Alignment of the JSP workplan to the JSSP.

• Mainstreaming of a gender strategy in capacity building activities.

• Maximizing assistance to de-concentration and decentralization justice process in Suai, Oé-cusse and Baucau

• Development of an A2J policy to be spearheaded at the district level.

• Development of the integrated CMS for all justice institutions.

• Development of the 2011 Annual Work Plan and budget.

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V. MAIN ACTIVITIES PLANNED FOR 2011

1. Support the delivery of the 2011 LTC capacity development training programmes, taking

into account the government’s newly created Human Capacity Development Fund.

2. Support the implementation of the integrated CMS for all justice institutions, with special attention to infrastructure for technology support, IT development and training.

3. Provision of technical and financial support for the services of international justice officers deployed in the central and district justice offices.

4. Support the institutionalization of the SCPDO.

5. Provide assistance for the implementation of the mobile justice proposal.

6. Scale up efforts to raise awareness about the functioning of the formal justice system and its relation with the traditional justice sector.

7. Continue the support for the development of Criminal Investigation Police

8. Continue the support for the development of a Court of Audit.

9. Continue the implementation of activities and programmes in line with the JSSP.

10. Support to the National Priorities 4- 2011.

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VI. FINANCIAL REPORT 2010*

Expenditure by Outcome Total Expenditure US$

Outcome 1 PROFESSIONAL SKILLS DEVELOPMENT 968,215.25

Outcome 2 SUPPORT TO DECENTRALIZATION 1,495,423.23

Outcome 3 SUPPORT TO PROSECUTION SERVICE 1,227,927.11

Outcome 4 SUPPORT TO CORRECTION SERVICES 355,322.18

Outcome 5 ACCESS TO JUSTICE (Including all IT costs) 1,051,321.35

Outcome 6 CEO FUNCTION ESTABLISHED 681,419.55

Other Administrative and Managerial Charges 498,842.20

6,278,470.87

Expenditure by Donor Total Expenditure US$

BCPR - 00012 / 04160 262,417.28

BCPR - 00182 / 26920 1,031,201.36

AUSTRALIA - 00055 / 30000 56,508.25

IRELAND - 00134 / 30000 135,136.60

NORWAY - 00187 / 30000 1,321,483.56

PORTUGAL - 00199 / 30000 1,045,868.22

OHCHR - 00559 / 30000 142,137.00

SPAIN - 10216 / 30000 1,459,112.61

SPAIN - 10870 / 30000 54.01

AUSTRALIA AID - 11234 / 30000 147,324.33

SIDA - 00555 / 30000 245,112.04

SIDA - 00555 / 54050 432,115.61

6,278,470.87

* Financial information presented in this report is provisional.

Final financial report for fiscal year 2010 will be available only in April 2011.

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UNDP Timor-Leste

UN House, Caicoli Street

Dili, Timor-Leste

Tel: +670 331 2418

Fax: +670 331 3534

registry.tp@undp.org

www.undp.org.tl/justice

For more information contact:

media.justice@undp.org